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Ask for a decision to be reviewed
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If you disagree with a Service Canada decision about your Old Age Security (OAS), Guaranteed Income Supplement (GIS), Allowance or Canada Pension Plan (CPP), you can request a reconsideration. You must ask in writing within 90 days of receiving the decision letter. You can do it online in My Service Canada Account, with a form, or with a signed letter.
Key facts
- Deadline
- 90 days from the day you receive the decision letter
- Form for OAS, GIS, Allowance and Allowance for the Survivor
- ISP-3134
- Forms for CPP
- ISP-1238 (most CPP benefits); ISP-1145 (CPP disability and the Post-Retirement Benefit)
- Form to let someone deal with Service Canada for you
- ISP-1603
- Next step if you still disagree
- Appeal to the Social Security Tribunal within 90 days of the new decision
What is a reconsideration?
A reconsideration is a second look at your file by Service Canada. It reviews the decision again, along with your reasons for disagreeing and any new information you send. You then get a new decision in writing.
It is the first step if you think a decision is wrong. You cannot go to the Social Security Tribunal until you have a reconsideration decision. There is no fee.
Which decisions can be reconsidered?
You can ask for a reconsideration of decisions about these benefits:
- Old Age Security pension
- Guaranteed Income Supplement
- Allowance and Allowance for the Survivor
- CPP retirement pension, Post-Retirement Benefit, survivor's pension, death benefit and children's benefit
- CPP disability benefits
- CPP credit splitting after a separation or divorce, and CPP pension sharing
Common reasons people ask are a refused application, a lower amount than expected, a decision about how many years you lived in Canada, a start date they think is wrong, or a decision that they were overpaid.
What is the deadline to request a reconsideration?
You have 90 days from the day you receive the decision letter. Count from the day the letter reached you, not the date printed on it. Write that date on the letter when it arrives so you can prove it later.
Do not wait to collect every document. Send your request before the 90 days are up, and say that more information will follow.
If you missed the deadline, you can still ask. The law lets Service Canada allow more time. For OAS, GIS and the Allowance, the regulations say Service Canada must be satisfied that you have a reasonable explanation for being late and that you showed a continuing intention to ask for a review. If more than 365 days have passed, it must also be satisfied that your request has a reasonable chance of success and that allowing it would not cause prejudice to anyone. Explain clearly why you are late, and include proof such as a hospital stay or a move.
How to request a reconsideration
Choose the way that suits you. All three ways count as a request in writing.
- Find your decision letter and note the date you received it.
- Online: sign in to My Service Canada Account. For OAS, GIS or the Allowance, go to the Old Age Security section, choose Manage my benefits, then If you disagree with a decision. For CPP, choose Ask Service Canada to reconsider in the Canada Pension Plan section.
- On paper: fill out form ISP-3134 for OAS, GIS or the Allowance. For CPP, use form ISP-1238, or form ISP-1145 for CPP disability and the Post-Retirement Benefit.
- By letter: you can write your own letter instead of using a form. Include the details listed in the next section and sign it.
- Mail the form or letter to the return address on your decision letter, or bring it to a Service Canada Centre. Ask for a stamped copy if you deliver it in person.
- Keep a copy of everything you send, and write down the date you sent it.
What to include in your reconsideration request
Service Canada asks for the following in a written request:
- Your name, address and telephone number
- Your Social Insurance Number or your client ID
- A detailed explanation of why you disagree with the decision
- Any new information or documents that support your request
- Your signature and the date
Be specific. Point to the part of the decision you think is wrong and say why. If the issue is your years in Canada, give dates of arrival and departure. If it is your income, show the correct figures. Send copies, not originals, unless Service Canada asks for originals.
If you want a family member, friend or advocate to speak to Service Canada for you, fill out form ISP-1603 and send it with your request.
What happens after you ask for a reconsideration?
Service Canada reviews the file and may contact you for more information. Reconsiderations can take several months, depending on the case. You will receive a new decision by mail. It may keep the original decision, change it, or reverse it.
Keep reporting changes, filing your taxes and answering letters while you wait.
What if the reconsideration decision goes against you?
You can appeal to the Social Security Tribunal (SST). It is independent of Service Canada. You have 90 days from the day you receive the reconsideration decision to file your appeal. See our guide to appealing to the Social Security Tribunal for the steps.
If your GIS case is a dispute about how your income was calculated, the law sends that part of the appeal to the Tax Court of Canada instead.
How to dispute a CRA tax or benefit decision
The Canada Revenue Agency (CRA), not Service Canada, makes decisions about your income tax, the OAS recovery tax (clawback), the GST/HST credit and the Disability Tax Credit. To challenge a CRA decision, you file a notice of objection, not a reconsideration request.
- For an income tax assessment: the later of one year after your tax filing deadline, or 90 days after the date of the notice of assessment
- For a benefit or credit decision, such as the GST/HST credit or the Disability Tax Credit: 90 days after the notice
- How to file: in CRA My Account (Register my formal dispute), on form T400A, or by a signed letter giving the facts and reasons
- Late objections: you can ask for an extension as soon as possible, and no later than one year after the deadline
- If you still disagree after CRA's decision on your objection: you can appeal to the Tax Court of Canada within 90 days of the date CRA sends its decision
While your objection is being reviewed, CRA normally holds off on collecting the disputed tax until 90 days after it sends its decision.
Things people often miss
- A phone call is not a reconsideration request. It must be in writing, online, on a form or in a signed letter.
- The 90 days start when you receive the letter. Mail delays still count against you.
- A new application for the same benefit is not the same as a reconsideration. If you reapply, the extra conditions for late requests can apply.
- Give reasons. A request that only says you disagree gives the officer nothing new to review.
- Send proof of anything you claim, such as entry stamps, tax records or medical letters.
- Keep a copy of your request and proof of the date you sent it.
Where to get free help
This guide is general information, not legal advice. Free help is available. In Ontario, community legal clinics help with OAS, GIS and CPP problems. Other provinces have legal aid offices and legal clinics that may help. Your Member of Parliament's constituency office can also ask Service Canada about your file. Service Canada staff can explain a decision and help you find the right form.
Who to contact
- Service Canada, OAS and CPP line
Phone: 1-800-277-9914
From Canada and the United States. Monday to Friday, 8:30 am to 4:30 pm local time. - Service Canada TTY
Phone: 1-800-255-4786
For people who are deaf or hard of hearing. - Service Canada from outside Canada and the United States
Phone: 1-613-957-1954
Call collect. Monday to Friday, 8:30 am to 4:30 pm Eastern time. - Canada Revenue Agency, individual tax enquiries
Phone: 1-800-959-8281
For questions about tax objections and CRA forms.
Common questions
How long do I have to request a reconsideration of my OAS?
90 days from the day you receive the decision letter. Service Canada can allow more time if you have a good reason and have shown you meant to ask.
What form do I use to ask Service Canada to reconsider an OAS or GIS decision?
Form ISP-3134. You can also ask online in My Service Canada Account or send a signed letter.
What form do I use for a CPP reconsideration?
Form ISP-1238 for most CPP benefits, or form ISP-1145 for CPP disability and the Post-Retirement Benefit. You can also ask online.
Can I ask for a reconsideration by phone?
No. The request must be in writing. Calling can help you understand the decision, but it does not start a review.
How long does a reconsideration take?
Service Canada says reconsiderations can take several months, depending on the case.
What if I missed the 90-day deadline?
Send your request anyway with a clear explanation of why it is late and proof if you have it. Service Canada decides whether to accept it. Requests made more than 365 days late must meet extra conditions.
Can I appeal an OAS decision straight to the Social Security Tribunal?
No. You need a reconsideration decision from Service Canada first.
How do I dispute a CRA decision about my OAS clawback?
File a notice of objection with CRA, online in My Account, on form T400A or by signed letter. This is separate from a Service Canada reconsideration.
Sources
- Request a reconsideration - Old Age Security pension and benefits (Government of Canada)
- CPP benefits - Request a reconsideration (Government of Canada)
- Old Age Security - After you apply (Government of Canada)
- Old Age Security Act (R.S.C., 1985, c. O-9) (Justice Laws Website, Government of Canada)
- Old Age Security Regulations (C.R.C., c. 1246), sections 29 and 29.1 (Justice Laws Website, Government of Canada)
- Old Age Security and Guaranteed Income Supplement appeals: Process at a glance (Social Security Tribunal of Canada)
- P148 Resolving your dispute: Objection and appeal rights under the Income Tax Act (Canada Revenue Agency)
- Contact Old Age Security (Government of Canada)